Thread: Otero sheriff says injunction is 'redundant, accusatory'

Otero sheriff says injunction is 'redundant, accusatory'
Alamogordo Daily News
By Laura London, Staff Writer
Article Launched: 09/26/2008 12:00:00 AM MDT


Sheriff John Blansett says a preliminary injunction recently imposed on his department by a federal judge is "not only redundant, it's accusatory."

Last Friday, Chief U.S. District Judge Martha Vázquez of the New Mexico district issued the preliminary injunction, which will be in effect until a final judgment is rendered in the lawsuit filed last October by the Paso del Norte Civil Rights Project against the Otero County Sheriff's Department. The group is representing the Border Network for Human Rights, which alleges Otero County deputies unlawfully harassed and interrogated Chaparral residents in the agency's Stonegarden Operation last year.

The injunction was requested in March.

"The injunction basically prohibits us from doing things that are illegal ... the injunction doesn't apply if we're doing everything we're supposed to," Blansett said Thursday.

The injunction states the sheriff's department is not allowed to engage in stops, searches or seizures without valid legal justification; conduct illegal community-wide raids targeting low income Latinos just to round up illegal immigrants; practice discriminatory activities or racial profiling just to round up illegal immigrants; or employ "retaliation, coercion,

harassment, threats and intimidation" just to round up illegal immigrants.
Blansett said his department already has a policy in place that prevents deputies from doing such things. He said his department will continue doing its job as usual in Chaparral but expressed concern about possible negative side effects that the injunction could have.

"If this injunction starts getting into the minds of our deputies, it could be a safety issue," Blansett said. "So as long as we're falling within our policy, I think we're fine.

"All these are, these are accusations that we're doing these things, and that's all they are at this point. We haven't had our day in court and we're looking forward to doing that. I think in the end we'll prevail."

The sheriff noted it could be years before his department actually has its day in court regarding the lawsuit.

Also present for Thursday's interview were Undersheriff Norbert Sanchez and Lt. Leon Ledbetter, who Blansett said was in charge of the operational end of Stonegarden.

"We're going by what the law says ... so there's nothing for us to worry about," Sanchez said.

Sanchez also made assurances Stonegarden operations will continue in Chaparral, and deputies will turn over any illegal aliens they encounter in the process. Blansett said there is nothing in the injunction that would keep deputies from doing their job. Both the sheriff and undersheriff stressed that deputies were not racially profiling or discriminating against poor people.

Ledbetter remarked it's a fact of life that poverty and crime often, unfortunately, go hand in hand in hand. Blansett said impoverished people are not bad citizens.

"We're here to support the majority of the people down there that are hard-working people, that are being overwhelmed with property crimes, personal crimes," Blansett said. "You know, it's our responsibility to meet their needs. That's our goal, is to have them feel safe in their homes."

Blansett expressed concern that Chaparral residents are receiving misinformation from "activist groups" and are being encouraged not to cooperate with sheriff's deputies or identify themselves. Sanchez noted that advising residents not to identify themselves is encouraging them to break the law. He said it is a crime in the state of New Mexico and deputies will take the actions they need to.

"That's only going to lead to heartache," Blansett said.

Ledbetter, who referred to himself as "the guy that does the paperwork," explained Operation Stonegarden is a federally funded program to "put more boots on the ground" in order to help the U.S. Border Patrol by fighting border crime. The money is distributed by the state office of the Department of Homeland Security to New Mexico's five border counties and certain cities that are also eligible. The program funds law enforcement efforts near the border, and Ledbetter said the department is funded for at least the next three years, according to the program's preliminary budget.

"Basically with the increasing amount of violence ... we are doing everything we can to ensure that that violence doesn't spill into our country," Ledbetter said. "And that's part of what this money is for, to ensure the safety of the citizens of our country ... it's not to be immigration officers. It's for border crime."

Sanchez said fighting border crime is a national security issue, and deputies must help protect U.S. citizens as well as military installations, which are targets for terrorism.

Blansett said all Stonegarden operations have to be cleared with the Border Patrol. Sanchez said Stonegarden is a coordinated effort that needs more coordination.

"I think it's unfortunate that the federal government hands these funds out willy-nilly and then when it comes down to us doing our job, it seems like they duck their head," Blansett said. "I'm talking Washington D.C. I'm talking Congress. If they don't want us doing our job, why do they provide us funding?"

Ledbetter said Operation Stonegarden is continuous and ongoing, although more large operations are being planned for the near future that involve different counties working together. He explained Stonegarden funding can be applied to any law enforcement activity along the border. Ongoing efforts include monitoring highways like U.S. 54 for human smuggling and narcotics traveling north, as well as weapons heading south to violent groups. He also remarked on national security, noting deputies' efforts help protect Fort Bliss, White Sands Missile Range and Holloman Air Force Base.

"If we could catch one terrorist using this money, then every penny would be worth it, in my opinion," Ledbetter said.

Ledbetter said funds are now used to help pay deputies' wages. Blansett said the department's recently submitted three-year budget, which has preliminary approval, includes a request for equipment as well.

Ledbetter said the department wants all-terrain vehicle for rescue missions in the desert, as many illegal aliens are abandoned by human smugglers with no food or water; advanced defibrillators, or AEDs, for patrol cars; and ballistic helmets for deputies.


Contact Laura London at llondon@alamogordonews.com.

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